VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant in C.M.A. No.93/2007 of the District Court, Palakkad has come up challenging the judgment dated 25.08.2009 passed by the learned District Judge in the matter.

(2.) THE petitioner is the registered owner of a tractor trailer bearing registration No.KL -09H -8559. O.R. No.12/2004 was registered by the Nelliyampathi Forest Range for various forest offences alleging that two teak trees were cut and removed from the 1984 Eucalyptus Plantation of Pothundi Section coming within the Nelliyampathi Forest Range. After the registration of the crime on 28.07.2004, the investigation revealed that the teak trees cut and removed from the forest were purchased by the petitioner and the same were converted into furniture items, which were later recovered and seized. It is alleged that the aforesaid tractor trailer of the petitioner was used for transporting the said teak timber pieces to the sawmill and back. Consequently, the vehicle was seized on 29.07.2004. Confiscation proceedings were initiated under Section 61A of the Kerala Forest Act, 1961, which culminated in order dated 14.06.2007 by the Divisional Forest Officer thereby ordering confiscation. The same was unsuccessfully challenged through the C.M.A.

(3.) HEARD the learned counsel for the petitioner Sri.Rajesh Sivaramankutty and the learned Special Government Pleader Sri.M.P.Madhavankutty for the respondents.